(A) A person engaged in publication solicitation shall not:
(1) Go from house to house without first registering as herein required;
(2) Refuse to display the registration badge provided to him or her;
(3) Misrepresent to the Town Secretary, or any person solicited for a sale or order, the purpose of the solicitation, the identity of the organization doing the solicitation, the identity of the person doing the solicitation, the price of a publication, its source, or the beneficiary of profits derived from solicitation;
(4) Obstruct or impede the passage of a pedestrian or vehicle; and
(5) Make physical contact with the person being solicited without the permission of the person.
(B) Conduct prohibited by division (A) above shall be deemed a misdemeanor.
(C) Should a violation of division (A)(3) above come to the attention of the Town Secretary, the officer shall immediately suspend the registration of the person alleged to have made the misrepresentation and notify the person of the availability of a hearing before the Town Secretary or a designee. Unless a request for a hearing is received within five business days of the date notice is mailed by the Town Secretary, the suspension shall become final and the registration shall be cancelled. If a request for a hearing is received, a hearing shall be afforded before the Town Secretary or his or her designated examiner within three business days of the request. After the hearing the person holding the hearing shall immediately either lift the suspension or, if it is concluded that and the conclusion is supported by substantial evidence that a violation has occurred, cancel the registration. No new registration shall be issued the person for a period of six months following the cancellation.
(D) Any person denied a registration or whose registration has been cancelled may seek relief by filing a petition for certiorari to a district court of Tarrant County, Texas, within 20 days of the act complained of.
(Ord. 123, passed 1-4-1990) Penalty, see § 113.99